Public policy to facilitate the granting of permanent residence for foreign nationals in Canada, outside Quebec, who obtained a Canadian credential while participating in the Francophone Minority Communities Student Pilot

Background

The Government of Canada’s commitment to restoring and increasing the demographic weight of Francophone and Acadian minority communities is now enshrined in the modernized Official Languages Act. Immigration, Refugees and Citizenship Canada (IRCC)’s Policy on Francophone Immigration aims to enhance the long-term vitality and prosperity of Francophone and Acadian minority communities and pave a path toward restoring and increasing their demographic weight within an immigration system that is fair, equitable and non-discriminatory.

Francophone minority communities rely on immigration to fill critical labour market needs across a wide variety of occupations and sectors, as well as to maintain the vitality of French in their communities, including French postsecondary education. The Policy on Francophone Immigration aims to maximize the selection of French-speaking international students, who are seen as a source of key talent to help support this objective. IRCC has committed to reducing the barriers that impede the acceptance of French-speaking international students, as well as expanding pathways to permanent residency. This will be achieved through a pilot project to attract more French-speaking international students to Francophone post-secondary institutions outside Quebec, facilitate applicants’ access to Canadian education, and foster their integration and retention in Francophone minority communities.

IRCC recognizes that parts of Africa, the Middle East and the Americas contain important pools of potential French-speaking international students, and that these regions also face historically high study permit refusal rates. Through its efforts to modernize the International Student Program and in recognition of important findings and recommendations made by the Standing Committee on Citizenship and Immigration in their 2022 report entitled Differential Treatment in Recruitment and Acceptance Rates of Foreign Students in Quebec and in the Rest of Canada and by the Standing Senate Committee on Official Languages in their 2023 report entitled Francophone immigration to minority communities: Towards a bold, strong and coordinated approach, IRCC commits to improving equitable access to education in Canada by reducing barriers faced by certain groups of study permit applicants, including French-speaking international students from these regions.

Public Policy Considerations

This public policy supports the creation of the Francophone Minority Communities Student Pilot (FMCSP), together with the Public policy for French-speaking foreign nationals applying for study permits under the Francophone Minority Communities Student Pilot. It consists of a temporary-residence-to-permanent-residence pathway for French-speaking international students from world regions that face historically high study permit refusal rates, who are seeking to pursue postsecondary studies taught in French at select postsecondary designated learning institutions (DLIs) located outside Quebec. FMCSP participants are eligible to access IRCC-funded settlement services during their studies.

This pilot supports the Government of Canada’s commitment to restoring and increasing the demographic weight of Francophone and Acadian minority communities, as well as IRCC’s objective of facilitating more equitable access to the International Student Program by reducing barriers for French-speaking study permit applicants from world regions that face historically high study permit refusal rates and by fostering their integration and retention in Francophone minority communities.

By granting permanent resident status to recent graduates who successfully participated in the FMCSP, and allowing them to work while they await a decision on their permanent resident application, Canada will ensure that more French-speaking international student graduates are able to remain in Canada after the completion of their studies and contribute to Francophone immigration objectives and targets. These graduates are expected to have the education, official language knowledge and skills required to support their long-term economic establishment in Canada and specifically in Francophone minority communities, and the Canadian economy will continue to benefit from their training and expertise.

As such, I hereby establish that, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), there are sufficient public policy considerations that justify the granting of permanent resident status and to facilitate issuance of open work permits to those awaiting a decision for permanent residence, an exemption from certain requirements of the Act and the Immigration and Refugee Protection Regulations (the Regulations) to foreign nationals who meet the conditions (eligibility requirements) listed below.

Conditions (eligibility requirements)

Part 1 – Applicable to principal applicants applying for permanent residence:

Based on public policy considerations, delegated officers may grant permanent resident status to foreign nationals who meet the following conditions.

The foreign national:

1. has been issued a study permit through the Public policy for French-speaking foreign nationals applying for study permits under the Francophone Minority Communities Student Pilot and was granted temporary resident status;
2. prior to the date on which the application for permanent residence is received and no earlier than April 1, 2026, has completed all program requirements for the issuance of a degree or diploma in respect of a program of study of at least two years in duration on a full-time basis, taught primarily in French (more than 50% of the classes are taught in French), at a designated learning institution that, per the Public policy for French-speaking foreign nationals applying for study permits under the Francophone Minority Communities Student Pilot, signed a Memorandum of Understanding with IRCC to participate in the FMCSP. The application for permanent residence must include either a copy of the degree or diploma issued, or a letter from the designated learning institution confirming that they have successfully completed their program of study.
3. was authorized pursuant to the Act and Regulations to study during the entirety of their education in Canada;
4. resides in Canada, outside Quebec, with valid temporary resident status (worker, student or visitor), or is eligible to restore their status and is physically present in Canada at the time the application for permanent residence is received;
5. has submitted an application for permanent residence using the forms provided by the Department for this public policy that includes all proof necessary to satisfy an officer that the applicant meets the conditions (eligibility requirements) of this public policy;
6. has submitted the application referred to in (5) using electronic means (apply online) or by any other means that is made available or specified by the Minister for that purpose if the foreign national is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means; and
7. the foreign national and their family members, whether accompanying or not, are not inadmissible, including on the grounds of having inadmissible family members.

Part 2 – Applicable to family members of principal applicants in Canada applying for permanent residence:

Based on public policy considerations, in-Canada family members of a principal applicant who applies for permanent residence under this public policy are eligible to be granted permanent resident status pursuant to this public policy if they meet the following conditions:

1. the foreign national is in Canada;
2. the foreign national has been included as an accompanying family member in an application for permanent residence by a principal applicant under Part 1 of this public policy;
3. the foreign national meets the definition of a “family member” in subsection 1(3) of the Regulations in relation to the principal applicant referred to in Part 1;
4. the foreign national is not inadmissible; and
5. a delegated officer has determined that the principal applicant meets all eligibility requirements pursuant to this public policy and the principal applicant has been granted permanent residence.

Part 3 – Applicable to family members of principal applicants outside Canada applying for permanent residence:

Based on public policy considerations, when processing an application for a permanent resident visa, delegated officers may grant an exemption from the requirements of the Regulations identified below when a foreign national meets the following conditions:

1. the foreign national residing outside Canada has been included as an accompanying family member in an application for permanent residence by a principal applicant under this public policy;
2. the foreign national meets the definition of family member in subsection 1(3) of the Regulations in relation to the principal applicant referred to in Part 1;
3. the foreign national is not inadmissible; and
4. a delegated officer has determined that the principal applicant meets all eligibility requirements pursuant to this public policy and the principal applicant has been granted permanent residence.

Part 4 – Applicable to principal applicants applying for an open work permit:

Based on public policy considerations, when processing an application for an open work permit, delegated officers may grant an exemption from the requirements of the Regulations identified if:

1. the foreign national:
   1. holds or held a study permit under the Public policy for French-speaking foreign nationals applying for study permits under the Francophone Minority Communities Student Pilot;
   2. has valid temporary resident status in Canada;
   3. was authorized pursuant to the Act and Regulations to study during the entirety of their education in Canada;
   4. has completed all program requirements for the issuance of a degree or diploma in respect of a program of study of at least two years in duration on a full-time basis, taught primarily in French (more than 50% of the classes are taught in French), at a designated learning institution that, per the Public policy for French-speaking foreign nationals applying for study permits under the Francophone Minority Communities Student Pilot, signed a Memorandum of Understanding with IRCC to participate in the FMCSP;
   5. has submitted an application for permanent residence using the forms provided by the Department for this public policy that includes all proof necessary to satisfy an officer that the applicant meets the conditions (eligibility requirements) of this public policy;
   6. has submitted a copy of the degree or diploma issued, or a letter from the designated learning institution stating that they have successfully completed their program of study; and
   7. has submitted a work permit application under section 200 or 201 of the Regulations, where the duration of the work permit requested is for a maximum of three years;

Part 5 – Applicable to family members (inside and outside Canada) of principal applicants applying for an open work permit:

Based on public policy considerations, when processing an application for an open work permit, delegated officers may grant an exemption from the requirements of the Regulations identified if:

1. the foreign national:
   1. is a family member – as per definition of a “family member” in subsection 1(3) of the Regulations in relation to the principal applicant referred to in Part 4;
   2. is in Canada with valid temporary resident status;
   3. has been included as an accompanying family member in an application for permanent residence by a principal applicant under Part 1 of this public policy;
   4. has submitted a work permit application under section 200 or 201 of the Regulations, where the duration of the work permit requested is for a maximum of three years; or
2. the foreign national:
   1. is a family member – as per definition of a “family member” in subsection 1(3) of the Regulations in relation to the principal applicant referred to in Part 4;
   2. is outside Canada and is not inadmissible;
   3. has been included as an accompanying family member in an application for permanent residence by a principal applicant under this public policy;
   4. has submitted a work permit application under section 200 or 201 of the Regulations, where the duration of the work permit requested is for a maximum of three years.

Provisions of the Act and Regulations for which an exemption may be granted

For foreign nationals who meet the conditions listed in Part 3 (the family member outside Canada):

• paragraph 10(2)(c) of the Regulations—the requirement to indicate the class prescribed by these Regulations for which the application is made;
• paragraph 70(1)(a) of the Regulations—the requirement to apply for a permanent resident visa as a member of a class referred to in subsection 70(2) of the Regulations;
• paragraph 70(1)(c) of the Regulations—the requirement to be a member of an immigration class; and
• paragraph 70(1)(d) of the Regulations—the requirement to meet the selection criteria and other requirements applicable to that class.

For or foreign nationals who meet the conditions listed in Part 4:

• Paragraph 200(1)(c) of the Regulations - the requirement to be described under this paragraph of the Regulations;
• Paragraph 200(3)(e) of the Regulations - the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized work or study in Canada or has failed to comply with the conditions of a previous permit or authorization, unless they engaged in unauthorized work for an employer described in section 196.1 of the Regulations.
• The requirement in paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (dual intent);
• Paragraph 200(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 3 of Part 11 (Issuance of Work Permits).
• Paragraph 179(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 1 of Part 9 (Temporary Resident Visa).

For foreign nationals who meet the conditions listed in Part 5:

• Paragraphs 199(a) to (i) of the Regulations - the requirements that a foreign national must meet in order to apply for a work permit after entering Canada;
• Paragraph 200(1)(c) of the Regulations - the requirement to be described under this paragraph of the Regulations;
• Paragraph 200(3)(e) of the Regulations- the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized work or study in Canada or has failed to comply with the conditions of a previous permit or authorization, unless they engaged in unauthorized work for an employer described in section 196.1 of the Regulations.
• The requirement in paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (dual intent);
• Paragraph 200(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 3 of Part 11 (Issuance of Work Permits).
• Paragraph 179(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 1 of Part 9 (Temporary Resident Visa).

Fees

Any applicable fees, including fees for processing an application for an open work permit, permanent residence or for a permanent resident visa, fees in relation to the collection of biometric information and the Right of Permanent Residence Fee must be paid.

Start date and end dates

This temporary public policy replaces the Public policy to facilitate the granting of permanent residence for foreign nationals in Canada, outside Quebec, who obtained a Canadian credential while participating in the Francophone Minority Communities Student Pilot signed on October 3, 2024.

This temporary public policy takes effect upon my signature and may be revoked at any time.

Applications received pursuant to this public policy on or after its coming into effect date and before its end date, or the date of its revocation, if applicable, will be processed under this temporary public policy.

This public policy expires on November 31, 2031.